Bill· HRH.R. 6094 (102nd)referred
United States · United States Congress · 2 October 1992
Federal Housing Enterprises Financial Safety and Soundness Act of 1992 - Sets forth congressional findings and definitions. Declares that this Act and the amendments it makes may not be construed: (1) as obligating the Federal Government, either directly or indirectly, to provide any funds to the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Banks, or to honor, reimburse, or otherwise guarantee any of their obligations or liabilities; or (2) as implying that any such enterprise or Bank, or any obligations or securities of such an enterprise or Bank, are backed by the full faith and credit of the United States. Title I: Supervision and Regulation of Enterprises - Subtitle A: Financial Safety and Soundness Regulator - Establishes within the Department of Housing and Urban Development (HUD) the Office of Federal Housing Enterprise Oversight, managed by a presidentially appointed Director, who shall ensure that Fannie Mae and Freddie Mac (the enterprises) and their affiliates are adequately capitalized and operating safely. Authorizes the Director to require financial reports from the enterprises in addition to quarterly and annual reports required under specified Acts. Authorizes the Director to establish and collect from the enterprises annual assessments for the reasonable costs and expenses of the Office, including an initial assessment of $1.5 million to cover its start-up costs. Establishes a Federal Housing Enterprises Oversight Fund for the deposit of such assessments. Requires the Director to conduct annual on-site examinations of each enterprise to determine its condition. Authorizes other examinations as necessary. Permits contracting out to specified Federal offices or instrumentalities for examiners. Requires the Director to prohibit the enterprises from paying any officer compensation that is not reasonable and comparable with compensation in other similar businesses involving similar duties, but prohibits the Director from prescribing or setting a specific level or range of compensation. Permits the Director to contract with nationally recognized statistical rating organizations to conduct enterprise reviews. Requires each enterprise to establish a minority outreach program to ensure inclusion in its contracts of minorities and women and businesses owned by them. Requires annual reports by the Director to specified congressional committees. Requires immediate public disclosure of all final orders and agreements, except in certain circumstances. Prohibits the Director and any former officer or employee of the Office, who was compensated at certain levels higher than GS-15 while employed by the Office, from accepting compensation from any enterprise during the two years following separation from the Office. Requires General Accounting Office audits of the Office. Subtitle B: Authority of Secretary - Grants the Secretary of HUD, except for specified authority of the Director of the Office, general regulatory power over each enterprise. Requires the Secretary to require each enterprise to obtain the Secretary's approval for any new program before implementing it. Sets forth approval standards. Directs the Secretary to make mortgage information (except proprietary information) submitted by the enterprises available to the public. Requires annual reports by the Secretary to specified congressional committees, including an annual housing report aggregating and analyzing certain data. Directs the Secretary, by regulation, to impose on the enterprises specified fair housing requirements and prohibitions. Prohibits the public disclosure of proprietary information. Requires the Secretary to establish specified housing goals for each enterprise, including goals for purchase of mortgages on housing for low- and moderate-income families (adjustable annually to meet unaddressed needs of such families for affordable housing), and on housing located in underserved areas (both urban and rural). Sets forth factors to be applied in establishing such goals. Requires the Secretary to monitor and enforce compliance with such goals, establishing guidelines, filing goal failure notices, and requiring (of noncompliant enterprises) submission of housing plans. Prescribes deadlines for approval or disapproval of such housing plans. Authorizes the Secretary to issue cease-and-desist orders, subject to administrative hearings. Provides for judicial review of such orders by the U.S. Court of Appeals for the District of Columbia Circuit. Sets forth civil money penalties for noncompliance with housing plan requirements, ranging from $10,000 to $25,000 for each day of failure. Requires immediate public disclosure of final orders and agreements, except in certain circumstances. Requires the Secretary to issue final regulations implementing this subtitle by a certain deadline. Subtitle C: Miscellaneous Provisions - Amends Federal law to make certain amendments conforming to this title. Amends the Department of Housing and Urban Development Act to prohibit the Secretary from merging or consolidating the Office of Federal Housing Enterprise Oversight, or any of its functions or responsibilities, with any function or program the Secretary administers. Requires each of the enterprises to review and report to the Secretary and specified congressional committees on its underwriting guidelines, examining: (1) the extent to which they prevent or inhibit the purchase or securitization of mortgages for housing located in mixed-use, urban center, and predominantly minority neighborhoods and for housing for low- and moderate-income families; (2) the standards employed by private mortgage insurers and the extent to which they inhibit such purchases or securitizations; and (3) the implications of implementing underwriting standards that establish a downpayment requirement for mortgagors of five percent or less, allow the use of cash on hand as a downpayment source, and approve borrowers with a credit history of delinquencies if the borrower can demonstrate a satisfactory credit history for at least the 12 months ending on the date of the mortgage application. Directs the Comptroller General, the Secretary of HUD, the Secretary of the Treasury, and the Director of the Congressional Budget Office each to study and report to specified congressional committees on the desirability and feasibility of repealing the Federal charters of Fannie Mae and Freddie Mac, eliminating any Federal sponsorship of them, and allowing them to continue to operate as fully private entities. Requires each study to examine the effects of privatization on specified requirements, markets, and other factors. Title II: Requires Capital Levels for Enterprises and Special Enforcement Powers - Requires the Director to establish by regulation a risk-based capital test for the enterprises. Requires such test, when applied to an enterprise, to determine the amount of regulatory capital sufficient for the enterprise to maintain positive capital during a ten-year period ("stress period") in which specified circumstances occur with respect to credit risk, interest rate risk, and new enterprise business. Requires the minimum capital level for each enterprise to be the sum of: (1) 2.5 percent of its aggregate on-balance sheet assets; (2) 0.45 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) 0.45 percent of other off-balance sheet obligations not included in (2) (excluding certain commitments), adjusted to reflect differences in the credit risk of such obligations in relation to the instruments included in (2). Requires the critical capital level for each enterprise to be the sum of: (1) 1.25 percent of the aggregate on-balance sheet assets of the enterprise; (2) 0.25 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) 0.25 percent of other off-balance sheet obligations not included in (2) (excluding certain commitments), adjusted to reflect differences in the credit risk of such obligations in relation to the instruments included in (2). Requires the Director to classify the enterprises as adequately capitalized (maintaining total capital equal to or exceeding the established risk-based capital level, and core capital equal to or exceeding the established minimum capital level), undercapitalized, significantly undercapitalized, or critically undercapitalized. Authorizes the Director to lower an enterprise's capital classification upon determining that the enterprise is engaging in unapproved conduct that could result in a rapid depletion of core capital or that the value of property subject to mortgages held or securitized by the enterprise has decreased significantly. Requires the Director to determine capital classifications quarterly. Sets forth the contents of capital restoration plans. Subjects the Director's actions to judicial review. Requires the Director to conduct an annual financial condition examination of each enterprise. Requires undercapitalized and significantly undercapitalized enterprises to submit capital restoration plans to the Director and, after approval, carry them out. Prohibits such enterprises from making any capital distribution that would result in a lower classification. Authorizes the Director, in the event an enterprise fails to submit a substantially compliant plan or make reasonable good-faith efforts to comply with an approved plan, to: (1) reclassify an undercapitalized enterprise as significantly undercapitalized, or a significantly undercapitalized enterprise as critically undercapitalized; and (2), with respect to significantly undercapitalized enterprises, limit increases in obligations, limit or prohibit asset growth, restrict certain activities, require new capital, and (in certain circumstances) appoint a conservator. Requires the Director to appoint a conservator for a critically undercapitalized enterprise, unless to do so would have serious adverse effects on economic conditions of national financial markets or on the financial stability of the housing finance market, and the public interest would be better served by some other enforcement action. Requires written notification of an enterprise before any proposed discretionary enforcement action may be taken. Grants such an enterprise a 30-day period in which to respond to such a notice, although this response period may be lengthened or shortened. Provides a procedure for the appointment of a conservator, judicial review of such appointment, and termination of a conservatorship. Specifies the powers of a conservator, and provides for errors or omissions liability protection. Specifies the general contents of a capital restoration plan, requiring restoration of an enterprise's core capital to at least its minimum capital level and its total capital to at least its risk-based capital level. Provides for judicial review of certain classifications or supervisory enforcement actions by the U.S. Court of Appeals for the District of Columbia Circuit. Title III: Enforcement Actions - Sets forth general procedures for: (1) issuing temporary and permanent cease-and-desist orders against enterprises; (2) hearings; (3) judicial review; (4) civil money penalties; (5) notice after separation from service; (7) private rights of action; and (8) public disclosure of final orders and agreements. Title IV: Amendments to Charter Acts of Enterprises - Makes conforming amendments to the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act. Requires establishment of an Affordable Housing Advisory Council in each enterprise. Title V: Regulation of Federal Home Loan Bank System - Amends the Federal Home Loan Bank Act to declare that: (1) the primary duty of the Federal Housing Finance Board is to ensure that the Federal Home Loan Banks operate in a financially safe and sound manner; (2) all Board directors shall serve on a full-time basis beginning January 1, 1994; and (3) the aggregate amount of advances permissible by the Federal Home Loan Bank System to members that are not qualified thrift lenders shall not exceed 30 percent of the System's total advances. Declares that an otherwise qualified advance to a State housing finance agency to facilitate mortgage lending that benefits individuals and families meeting certain income requirements (with respect to mortgage revenue bonds and qualified residential rental project exempt facility bonds) need not be collateralized by a mortgage insured under the National Housing Act or otherwise, if any real estate collateral for such loan comprises single family or multifamily residential mortgages. Requires the Federal Housing Finance Board, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Secretary to study and report to the Congress on specified aspects of the Federal Home Loan Bank System. Requires the Secretary of the Treasury and certain Federal agencies to submit opinions to the Congress to the extent that their views differ from those of the study participants. Requires the Federal Home Loan Banks to set up a Study Committee to study and report to specified congressional committees, the Federal Housing Finance Board, and the presidents of the Federal Home Loan Banks on the same topics covered by the above study, as well as the costs and benefits of consolidating the Federal Home Loan Bank System. Requires the Board of Directors of each Federal Home Loan Bank to report to such congressional committees their evaluation of the costs and benefits of such consolidation.
Law· HRH.R. 6050 (102nd)enacted
United States · United States Congress · 29 September 1992
Depository Institutions Disaster Relief Act of 1992 - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to cite conditions under which real property-related transactions located within a presidentially declared national disaster area may be exempted from the Act's appraisal requirements. Amends the Truth in Lending Act and the Expedited Funds Availability Act to authorize the Board of Governors of the Federal Reserve System to make additional exceptions to the requirements of such Acts with respect to institutions located within national disaster areas if it determines that the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. Prescribes conditions under which the leverage limit formula prescribed under the Federal Deposit Insurance Act, and specified publication requirements pursuant to the Administrative Procedure Act, may be modified for insured depository institutions located in such disaster areas. Amends the Revised Statutes and the Federal Reserve Act to authorize national banking associations and State member banks, respectively, to make investments primarily designed to promote the welfare of low- and moderate-income communities or families. Prescribes permissible liability parameters. Expresses the sense of the Congress that specified Federal regulatory agencies should encourage depository institutions located in certain major national disaster areas to meet the financial services needs of their communities.
Bill· HRH.R. 6048 (102nd)referred
United States · United States Congress · 28 September 1992
Financial Institutions Enforcement Improvements Act - Title I: Termination of Charters, Insurance, and Offices - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to authorize the Federal Deposit Insurance Corporation and the Federal Credit Union Administration Board to accept conservatorship or receivership of an institution upon written notification by the Attorney General that it has been found guility of certain money laundering offenses. Amends the Revised Statutes, the Home Owners' Loan Act, and the Federal Credit Union Act to prescribe guidelines for the revocation of depository insitutions' charters and the forfeiture of their franchises upon conviction for money laundering offenses or cash transaction reporting offenses. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prescribe guidelines: (1) for the termination of the insured status of State depository institutions, including State chartered credit unions, convicted of money laundering or cash transaction reporting offenses; and (2) authorize the removal of any party from office, or its suspension from participation in the affairs of the institution, if the party is determined to have committed certain currency reporting violations or money laundering violations. Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury (the Secretary) to make information in monetary transaction reports available to any State financial institutions regulatory agency upon its request. Amends the International Banking Act of 1978 to direct the Board of Governors of the Federal Reserve System to issue notice of its intention to commence a termination proceeding upon written notification from the Attorney General that the State branch or agency of a foreign bank has been convicted of a money laundering offenses. Title II: Nonbank Financial Institutions and General Provisions - Amends Federal law regarding money transactions to direct the Secretary of the Treasury to: (1) prescribe regulations requiring each depository institution to file identification reports regarding certain financial institution customers; and (2) make such reports available to State financial institution supervisory agencies for supervisory purposes. Sets forth civil money penalties for financial institution identification violations. Amends the Federal criminal code to establish criminal penalties for persons participating in an illegal money transmitting business. Prohbits a financial institution or its personnel from disclosing the existence of a Federal information targeting order, except as prescribed by the Secretary. Amends the Federal Deposit Insurance Act to direct the Secretary and the Board of Governors of the Federal Reserve System (the Board) to jointly prescribe regulations requiring insured depository institutions and businesses involved in domestic and international funds transfers to maintain records of certain kinds of payment orders as will have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. Mandates that such records be made available to the Secretary or the Board upon request. Amends the Right to Financial Privacy Act to provide that financial records transferred by a regulatory agency to the Secretary of the Treasury for possible criminal violations shall be used only for criminal investigative or prosecutive purposes relating to money laundering by the Department of the Treasury. Prohibits a financial institution or associated personnel from disclosing the fact to any person that it is the subject of information provided to Federal officials concerning possible Federal violations or suspicious transactions. Authorizes the Secretary to require financial institutions to implement programs to guard against money laundering through financial institutions. Requires the Secretary and the Attorney General to jointly establish an anti-money laundering training team to assist foreign governments and agencies to expand their capabilities for investigating and prosecuting money laundering violations. Amends the Foreign Assistance Act of 1961 regarding international narcotics control to require the President to include in his annual International Narcotics Control Strategy Report to certain congressional committees: (1) the status of certain cooperative efforts between the United States and countries identified as major money laundering centers; (2) findings on such countries' adoption of laws and regulations considered essential to prevent narcotics-related money laundering; (3) instances of refusal by such countries to cooperate with foreign governments and the U.S. response (including any sanctions or penalties); and (4) information on bilateral and multilateral strategies pursued by certain Federal agencies to ensure the cooperation of foreign governments with respect to narcotics-related money laundering, and to demonstrate that all Federal agencies are pursuing a common strategy with respect to major money laundering countries. Title III: Money Laundering Improvements - Amends the judicial code to confer jurisdiction upon Federal district courts in cases of property subject to civil forefeiture under Federal laws but either located in a foreign country or seized pursuant to foreign leagal process. Amends Federal criminal law to preclude the use of certain defenses in civil forfeiture actions with respect to fungible property that is in the form of cash or specified monetary instruments. Outlines the procedure to subpoena bank records. Amends Federal law relating to international monetary instrument transaction reporting requirements to prohibit: (1) failure to file the requisite reports; (2) filing material omissions or misstatements of facts in such reports; and (3) participation in structuring any importation or exportation of monetary instruments. Makes the penalty for conspiracy to commit a money laundering offense the same as the penalty for the substantive offense itself. Amends the Right to Financial Privacy Act of 1978 to prohibit certain personnel connected with a financial institution from disclosing the existence of a grand jury subpoena to a person named in such subpoena for bank records related to money laundering and controlled substance investigations. Amends Federal criminal law to repeal the restriction placed upon the Secretary of the Treasury and the Postal Service regarding the disposal of forfeited property. Includes among money laundering predicate offenses certain food stamp fraud and any felony violation of the Foreign Corrupt Practices Act. Amends specified Federal laws to establish civil penalties for willfully causing violations of regulations regarding: (1) foreign financial agency transactions; and (2) certain financial recordkeeping requirements. Amends Federal criminal law to redefine "specified unlawful activity" to mean, with respect to a financial transaction occurring wholly or partly in the United States, an offense against a foreign nation involving kidnaping, robbery, or extortion, or fraud, or any scheme or attempt to defraud, by or against a foreign bank. Title IV: Reports and Miscellaneous - Directs the Attorney General to study and report to the Congress on the effect of allowing reimbursement to financial institutions for assembling or providing financial reocrds of entities not currently covered under the Right to Financial Privacy Act. Requires the study to analyze the effect of allowing nondepositor licensed transmitters of funds to be reimbursed to the same extent as financial institutions. Requires the Attorney General, the Secretary of the Treasury, and the head of any other Federal agency or instrumentality to disclose to the appropriate Federal banking agency any information raising significant concerns regarding the safety and soundness of any depository institution doing business in the United States. Provides for special disclosure procedures in the case of intelligence information or information regarding certain civil or criminal matters under the Attorney General. Requires the Attorney General and the Secretary of the Treasury to report annually to certain congressional committees regarding their utilization of such exceptions. Amends Federal criminal law to include the Board of Governors of the Federal Reserve System as a Federal agency for purposes of compelling testimony from witnesses in return for immunity from criminal prosecution. Amends the Federal Deposit Insurance Act to provide that specified agencies, including Federal banking agencies, shall not be deemed to have waived any privilege relating to information that is subsequently shared with certain other Federal agencies. Title V: Counterfeit Deterrence - Counterfeit Deterrence Act of 1992 - Amends Federal criminal law to subject to a class C felony unauthorized control or possession of: (1) any plate, stone, or other artifact for counterfeiting United States obligations or securities, including electronic methods involved in such activities; (2) distinctive paper adopted for U.S. obligations and securities; and (3) any feature or device essentially identical to a distinctive counterfeit deterrent adapted to the making of any United States obligation or security by the Secretary of the Treasury. Directs the Secretary to prescribe regulations to permit color illustrations of U.S. currency. Delcares it is impermissible to reproduce illustrations of U.S. obligations or other securities via electronic methods used for acquisition, recording, retrieval, transmission, or reproduction, unless such use is authorized by the Secretary. Title VI: Miscellaneous Provisions - Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury to: (1) impose civil money penalties upon a financial institution for negligent violations of this Act or for a pattern of negligent violations; and (2) order a depository institution to request that its customers submit cash transaction reports. Amends Federal law regarding monetary transactions to prohibit a financial institution from discriminating against an employee who has provided Federal agencies with information regarding possible Federal violations. Grants such employees the right to file a civil action in Federal court seeking specified remedies for any such discrimination. Requires the Secretary to establish a Bank Secrecy Act Advisory Group to serve as a conduit between the Federal and private sectors regarding the status of currency transaction reporting activities. Requires the Comptroller General to study and report to the Congress on the feasibility of a "Financial Crimes Enforcement Network" proposed to be established among other Federal agencies and Federal banking agencies.
Bill· HJRESH.J.Res. 551 (102nd)referred
United States · United States Congress · 16 September 1992
Designates October 4 through 10, 1992, as National Bone Marrow Donor Awareness Week.
Law· HJRESH.J.Res. 546 (102nd)enacted
United States · United States Congress · 12 August 1992
Designates February 4, 1993, and February 3, 1994, as National Women and Girls in Sports Day.
Law· HJRESH.J.Res. 542 (102nd)enacted
United States · United States Congress · 12 August 1992
Designates the week beginning November 8, 1992, as Hire a Veteran Week.
Bill· HRH.R. 5864 (102nd)referred
United States · United States Congress · 12 August 1992
Persian Gulf War Veterans Registry Act - Directs the Secretary of Veterans Affairs to establish a Persian Gulf War Veterans Registry for maintaining information concerning the health status of veterans who served in the Persian Gulf area during the Persian Gulf War (War). Describes information to be included in the Registry, including the circumstances of each veteran's service during the War. Directs the Secretary, in establishing such Registry, to: (1) provide each War veteran with a complete mental and physical examination, as well as a follow-up consultation to explain examination results; and (2) obtain from the Secretary of Defense any information relevant to such service. Authorizes the Secretary to undertake outreach efforts to further Registry purposes.
Law· HJRESH.J.Res. 547 (102nd)enacted
United States · United States Congress · 12 August 1992
Designates May 2 through 8, 1993, as National Walking Week.
Resolution· HRESH.Res. 554 (102nd)passed
United States · United States Congress · 11 August 1992
Supports the President's statement of August 6, 1992, and commends him for taking decisive steps to put pressure on Serbia to stop the conflict in Bosnia-Hercegovina, including through: (1) the diplomatic and political isolation of Serbia; (2) the strict enforcement of sanctions provided for in United Nations (UN) Security Council Resolution 757; (3) the implementation of the Security Council-endorsed plan to place heavy weapons belonging to all factions in Bosnia-Hercegovina under UN supervision; (4) the resumption of peace talks among all parties to the conflict; and (5) urging the Security Council to authorize measures, including the use of military force, necessary to ensure the provision of humanitarian relief to the people of Bosnia-Hercegovina. Urges the Security Council to consider means by which: (1) UN and International Committee of the Red Cross personnel shall be granted immediate, unimpeded, and continuous access to all refugee camps, prisoners-of-war camps, internment camps, and other places of detention in all of the republics of the former Socialist Federal Republic of Yugoslavia; and (2) civilians in Bosnia-Hercegovina shall be protected from the use of force and violations of the laws of war. Expresses the sense of the House of Representatives that an international tribunal should be convened to: (1) investigate allegations of war crimes and crimes against humanity committed within the territory of the former Socialist Federal Republic of Yugoslavia; and (2) accumulate evidence against, charge, and otherwise prepare the basis for trying any individual whom the tribunal has probable cause to believe is responsible for or committed such a crime.
Bill· HRH.R. 5750 (102nd)referred
United States · United States Congress · 3 August 1992
Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 or FREEDOM Support Act - Title I: General Provisions - Sets forth U.S. policy with respect to assistance to the independent states of the former Soviet Union (excluding Estonia, Latvia, and Lithuania). Expresses the sense of the Congress that such policy should make assistance to any of the independent states conditional on the termination of military and technical assistance, subsidies, and other forms of assistance to Cuba from such states. Permits assistance to governmental entities of the independent states only to the extent that such states are: (1) making significant progress toward and are committed to a democratic system; (2) respecting human rights; (3) making significant progress in and are committed to economic reform based on market principles, private ownership, and integration into the world economy; (4) respecting international law and obligations and adhering to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris; and (5) adhering to arms control obligations and to responsible security policies. Prohibits U.S. assistance and other benefits under this Act (other than title V) or other laws to the Government of Azerbaijan until the President reports to the Congress that such government is taking steps to cease all blockades and uses of force against Armenia and Nagorno-Karabakh. Directs the President to designate a coordinator within the Department of State to be responsible for coordinating assistance to the independent states. Title II: Bilateral Economic Assistance - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to the independent states to promote the following objectives: (1) meeting urgent humanitarian needs; (2) establishing a democratic and free society; (3) developing a free-market system; (4) promoting trade and investment; (5) converting military technologies and defense industries into civilian activities; (6) introducing market-based mechanisms for food distribution and encouraging policies that provide support for the agricultural sector; (7) promoting programs to strengthen quality health care and voluntary family planning, housing, and other components of a social safety net; (8) promoting educational reform; (9) promoting energy efficiency and production; (10) promoting environmental protection, conservation, and safety; and (11) improving transportation and telecommunications infrastructure and management. Authorizes the President to promote the involvement of the U.S. private sector in such activities. Authorizes the use of economic support fund assistance for assistance under this title. Requires assistance to maximize the use of U.S. goods and services. Authorizes appropriations. Establishes a Democracy Corps, a private, nonprofit corporation, to maintain a presence in the independent states. Directs the Administrator of the Agency for International Development to make an annual grant to the Democracy Corps. Requires the grant to be used by the Corps to assist at the local level in the development of: (1) institutions of democratic governance; and (2) nongovernmental organizations of a civil society. Directs the Corps to carry out its activities through the placement of teams of U.S. citizens with appropriate expertise in the independent states to: (1) provide advice and technical assistance; (2) make small grants to assist in the development of such institutions and organizations; (3) identify other sources of assistance; and (4) operate local centers to serve as information and educational centers and to encourage those involved in the development of democratic institutions, market-oriented economies, and civil societies. Prohibits the use of funds for the Corps or any grant from the Corps to finance the campaigns of candidates for public office. Sets forth: (1) requirements for the Board of Directors of the Corps and for its advisory committee; and (2) auditing requirements and congressional oversight procedures. Earmarks a specified amount of funds authorized under the Foreign Assistance Act of 1961 for the Corps. Title III: United States Information Agency and Department of State - Authorizes appropriations for FY 1993 for: (1) the U.S. Information Agency for expenses with respect to the independent states; and (2) the Department of State for costs of personnel and expenses for new posts in the independent states. Amends the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 to require at least 15 Fascell fellowships (for service at diplomatic or consular missions in the Soviet Union or Eastern Europe) to be provided in FY 1993. Makes funding available under the Foreign Assistance Act of 1961 for fellowships at missions in the independent states. Title IV: International Financial Institutions and Trade Finance - Amends the Bretton Woods Agreements Act to authorize: (1) the U.S. Governor of the International Monetary Fund (IMF) to consent to an increase in the U.S. quota of the IMF and to the amendments to the Articles of Agreement of the IMF approved in resolution 45-3 of the Board of Governors; and (2) the U.S. Executive Director of the IMF to approve a pledge to sell gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust. Makes appropriations for the IMF quota increase. Expresses the sense of the Congress with respect to encouraging efforts to address economic and political problems of nations making transitions to more open political and economic systems. Directs the Secretary of the Treasury to report to the Congress on the debt incurred by the former Soviet Union held by commercial banks outside the independent states and the prospects for repayment of such debt. Supports U.S. participation in a currency stabilization fund for the independent states. Requires the Secretary to instruct the U.S. Executive Director of the IMF to urge the IMF to study the need for, and feasibility of, a currency stabilization fund for Ukraine and make recommendatations with respect to the economic and policy conditions required for the success of such a fund. Expresses the sense of the Congress that the President should ensure that the International Finance Corporation provides an ambitious lending program for such states. Amends the International Finance Corporation Act to authorize the U.S. Governor of the Corporation to: (1) vote for any increase in capital stock needed to accommodate the requirements of the independent states; and (2) agree to amendments to the Corporation's Articles of Agreement to increase the votes by which the capital stock may be increased and by which the Articles of Agreement may be amended. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development (World Bank) to urge the Bank to: (1) establish or continue programs to provide technical assistance to the independent states in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (2) coordinate its assistance with assistance provided by other donors. Amends the International Financial Institutions Act to add the European Bank for Reconstruction and Development and the IMF to the list of institutions through which the United States shall advance human rights. Directs the Secretary to instruct the U.S. Executive Directors of international financial institutions, in assessing human rights, to consider, in relation to assistance to Russia and the other independent states, the responsiveness of such governments to providing a substantial accounting of Americans missing in action. Requires the Export-Import Bank to report to the Congress on: (1) the demand for loans, guarantees, and insurance for trade between the United States and the independent states; and (2) recommendations for promoting trade between the United States and the independent states. Amends the Export-Import Bank Act of 1945 to remove prohibitions on export credit with respect to Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union. Makes a provision of the Federal criminal code that prescribes penalties for financial transactions with foreign governments in default on obligations to the United States inapplicable with respect to obligations of the independent states of the former Soviet Union. Title V: Nonproliferation and Disarmament Activities - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to promote nonproliferation and disarmament activities by supporting: (1) dismantlement and destruction of nuclear, biological, and chemical weapons, their delivery systems, and conventional weapons; (2) efforts to halt the proliferation of such weapons, systems, and related technologies; (3) establishment of science and technology centers for nonmilitary purposes; and (4) the conversion of military technologies and capabilities and defense industries of the independent states into civilian activities. Authorizes the President to support one or more of such centers to provide incentives for weapons scientists and engineers of the former Soviet Union to apply their expertise to civilian projects. Waives provisions of title I that require an independent state to meet certain conditions in order to receive assistance with respect to such support. Sets forth reprogramming notification requirements and funding provisions with respect to such support. Encourages the Secretaries of Defense and Energy to participate actively in U.S. efforts to stem the proliferation of nuclear weapons. Authorizes appropriations for FY 1993 for international nonproliferation activities. Reduces amounts of funds authorized under the National Defense Authorization Act for Fiscal Year 1993 for procurement for the Defense Agencies. Prohibits the obligation of funds during FY 1993 for the nonproliferation program unless expenditures for that program during FY 1993 have been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for FY 1993. Makes authorizations for international proliferation activities inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts the same authorities and authorizes appropriations. Amends the Soviet Nuclear Threat Reduction Act of 1991 to increase the amount of funds that may be transferred from Department of Defense accounts for use in reducing the Soviet military threat. Makes such amendment inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts a similar amendment. Authorizes the Director of the National Science Foundation to establish an endowed, nongovernmental, nonprofit foundation to: (1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and the independent states on subjects of mutual interest; and (2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors. Makes funds appropriated under the National Defense Authorization Act for Fiscal Year 1993 (to the extent available) available for the establishment of the endowment. Requires an independent state, as a condition of participation in the foundation, to make a minimum contribution to the endowment which shall reflect its ability to make a financial contribution and its expected level of participation in the foundation's programs. Authorizes local currencies generated by U.S. assistance programs to be made available to the foundation. Title VI: Space Trade and Cooperation - Requires any request for a license or other approval described under this title that is submitted to a U.S. Government agency by the National Aeronautics and Space Administration (NASA) to be considered on an expedited basis by that agency. Provides for notification of designated congressional committees if an agency denies a request. Applies this title to requests for licenses or approval necessary to conduct discussions with an independent state with respect to the possible acquisition of any space hardware, space technology, or space service for integration into U.S. space projects that have been approved by the Congress. Encourages the Office of Space Commerce of the Department of Commerce to conduct trade missions to appropriate independent states to familiarize U.S. aerospace industry representatives with space hardware, technologies, and services that may be available from the independent states and with the business practices and business climate of such states. Directs the Office of Space Commerce to: (1) monitor the progress of any discussions being carried out by NASA with the independent states; and (2) advise the NASA Administrator of the impact on U.S. industry of each potential acquisition of space hardware, technology, or services from the independent states, including any anticompetitive issues the Office may observe. Title VII: Other Provisions - Amends the Foreign Assistance Act of 1961 to remove Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union from the list of Communist countries to which assistance is prohibited. Amends the Federal criminal code to remove the Soviet Union, East Germany, Hungary, Czechoslovakia, Poland, Bulgaria, and Romania from a list of countries for which special restrictions apply with respect to legal commercial transactions. Amends the Food for Progress Act of 1985 to consider the independent states to be emerging democracies for purposes of eligibility for agricultural commodities furnished under such Act. Authorizes the President to enter into agreements with private entities (as well as other entities currently listed under such Act) to furnish such commodities. Waives the annual tonnage limitation under such Act with respect to commodities furnished from stocks of the Commodity Credit Corporation (Corporation) during FY 1992 and 1993 to such states. Permits the Corporation to make commodities available on credit terms to the independent states. Amends the Agricultural Development and Trade Act of 1990 to permit export credit guarantees to be available for the establishment or improvement of facilities or the provision of services or U.S. goods in emerging democracies by U.S. persons if such guarantees will promote the export of U.S. agricultural commodities. Amends the Agricultural Act of 1978 to remove conditions on export financing of, and export credit guarantees with respect to, agricultural commodities by the Corporation that require the development of the importing country as a foreign market on a long-term basis or the improvement of the capability of such country to use such commodities on a long-term basis. Makes such amendments applicable only with respect to the independent states. Authorizes the Corporation to use such financing and guarantees to assist emerging democracies that have committed to carry out policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the expansion of domestic markets for the purchase and sale of such commodities. Expresses the sense of the Congress that the President should encourage the involvement of multinational organizations to monitor the transport and distribution of food aid within the independent states. Declares that the Corporation's export credit guarantee and export enhancement programs should be administered in a manner that contributes to the achievement of the objective that the U.S. share of world trade in processed agricultural products and high-value agricultural products is not less than 15 percent. Directs the Corporation to ensure that at least 35 percent of the total amount of credit guarantees issued in connection with sales to the independent states under the export credit guarantee program (and 25 percent of the funds expended under the export enhancement program) in a fiscal year are issued (or expended) to promote the export of processed and high-value agricultural products, with the balance issued (or expended) to promote the export of bulk or raw agricultural commodities. Makes such percentage requirements inapplicable only if the percentage of the total amount of: (1) credit guarantees issued in a fiscal year to promote the export of such products to all countries is less than 25 percent; and (2) funds expended and value of commodities made available in a fiscal year to promote such exports to all countries is less than 15 percent. Requires the Secretary of Agriculture to make quarterly reports to the Congress on the costs and imputed revenues attributable to exports of commodities as well as an examination of the effects of export efforts on employment levels and opportunities in the U.S. agricultural sectors and related industries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend certain provisions granting refugee status or permanent residence to nationals of the independent states, Estonia, Latvia, and Lithuania.
Resolution· HRESH.Res. 534 (102nd)referred
United States · United States Congress · 30 July 1992
Expresses the sense of the House of Representatives that the President, by and with the advice and consent of the Senate, should posthumously advance Rear Admiral Husband E. Kimmel, U.S. Navy, to the grade of admiral on the retired list.
Bill· HJRESH.J.Res. 532 (102nd)referred
United States · United States Congress · 30 July 1992
Designates October 1992 as Polish-American Heritage Month.
Bill· HRH.R. 5539 (102nd)referred
United States · United States Congress · 2 July 1992
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.
Bill· HRH.R. 5538 (102nd)open
United States · United States Congress · 2 July 1992
Financial Institution Restitution Collection Improvement Act of 1992 - Amends the Federal Deposit Insurance Act to permit prejudgment attachment of certain property where there is probable cause to believe banking laws have been violated. Provides that an order of restitution issued in connection with a conviction for a banking law violation shall: (1) be due in full as of the date of the order; (2) remain enforceable until the total amount of restitution has been paid; and (3) constitute a lien against all of the defendant's property. Authorizes the court to appoint a temporary receiver to administer the defendant's assets to ensure payment of restitution. Requires the court, after the sentencing of the defendant, to make available to any recipient of a court-ordered restitution any financial information contained in the defendant's presentencing investigation report. Mandates that the defendant pay directly to the Federal Deposit Insurance Corporation (FDIC) any court-ordered restitution which accrues to its benefit. Prohibits the court from taking into consideration the defendant's ability to pay when determining the amount of restitution ordered. Requires the United States Parole Commission (or the probation officer of Federal district court) to notify each recipient of court-ordered restitution if the full amount of such an order has not been fully paid before the end of the defendant's period of supervised release. Prescribes guidelines under which any private person may file a court action to recover, on behalf of the FDIC, any asset of any person liable for the satisfaction of a restitution order. Grants such person a prescribed percentage of recovered assets.
Bill· HRH.R. 5544 (102nd)referred
United States · United States Congress · 2 July 1992
Resolution Trust Corporation Cost Reduction Act - Prohibits the Resolution Trust Corporation (RTC) from delaying the closing of any savings association for which it has been appointed conservator or receiver because it lacks the funds to pay off insured deposits at the association. Authorizes the RTC to issue notes to insured depositors for the amount by which their deposit at a savings association in RTC receivership or conservatorship exceeds available RTC financial resources if it lacks sufficient resources to pay its obligations on those deposits.
Law· HJRESH.J.Res. 523 (102nd)enacted
United States · United States Congress · 2 July 1992
Designates October 8, 1992, as National Firefighters Day.
Bill· HRH.R. 5476 (102nd)referred
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
Bill· HRH.R. 5433 (102nd)referred
United States · United States Congress · 18 June 1992
Comprehensive Community Bank Burden Reduction Act of 1992 - Title I: Purposes - Sets forth the purposes of this Act. Title II: Supervisory Reforms - Amends the Federal Deposit Insurance Act to extend from 18 months to twenty-four months the annual on-site examination cycle for certain small-sized insured depository institutions. Authorizes the appropriate Federal banking agency to exempt small-sized institutions within a depository institution holding company from statutory examination requirements if the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions, including Federal Credit Unions. Repeals regulatory standards for safety and soundness. Exempts from bank branch closure notice requirements specified branches and automated teller machines. Directs the Federal Financial Institutions Examination Council to review risk-based capital rules and compliance requirements with respect to their cost burden upon community banks. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to modify the approval process with respect to the activities of insured state banks. Directs Federal banking regulatory agencies to coordinate their regulations and interpretation with one another to achieve uniformity. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) authorize Federal financial institution regulatory agencies and the Resolution Trust Corporation to establish levels below which a certified or licensed appraiser shall not be required in connection with Federal real estate-related transactions; and (2) prohibit States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth self-certification guidelines for regulated financial institutions. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community. Modifies the regulatory guidelines for such institutions. Exempts from the jurisdictional purview of such Act certain wholesale financial institutions and credit card banks. Amends the Federal Deposit Insurance Act to modify the statutory standards for attachment of assets and other injunctive relief regarding depository institutions. Requires each appropriate Federal banking agency to conduct a paperwork reduction review with respect to the extent to which regulations require insured depository institutions to produce unnecessary internal written polices, and eliminate such requirements, if appropriate. Modifies the guidelines for the assessment base for deposit insurance premiums. Requires an appropriate Federal banking agency to include a detailed corroborating statement with its certification that a rule will not have a significant economic impact upon a substantial number of small depository institutions. Requires each appropriate Federal banking agency to establish a separate Office of Regulatory Quality to determine and monitor the quality of its regulatory activities. Title III: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to modify the funds availability schedules for certain checks deposited at automated teller machines. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Board) to establish rules regarding losses and liability among depository institutions and other entities participating in the payments system, including States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) declare that unintentional errors which do not materially understate the cost to the obligor of certain credit transactions will not negate the effective delivery of certain disclosure requirements concerning the debtor's right of rescission. Subtitle C: Truth-In-Savings Amendments - Establishes a temporary regulatory compliance moratorium for certain small-sized depository institutions. Requires the Board to conduct a cost benefit analysis and report to the Congress on the impact of regulatory compliance upon small-sized depository institutions and their customers. Subtitle D: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to require lenders who finance the purchase of residential real estate to provide certain information booklets to borrowers within three business days after the application is received unless the lender denies application within such time period. Amends the Home Mortgage Disclosurer Act of 1974 to repeal the exemption granted certain small-sized depository institutions with respect to certain home mortgage disclosure requirements. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" to certain consumer loans. Amends the Housing and Urban Development Act of 1968 to repeal the notification requirement regarding the availability of homeownership counseling for eligible homeowners who fail to make timely payments.
Resolution· HCONRESH.Con.Res. 335 (102nd)referred
United States · United States Congress · 18 June 1992
Urges the President to express to the United Nations Security Council and the North Atlantic Treaty Organization the willingness of the United States to participate in any sanctioned joint military effort to end the aggression, terrorism, and transgression of human rights perpetrated on its neighbors by the communist Serbian regime in the former state of Yugoslavia.
Resolution· HRESH.Res. 490 (102nd)referred
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
Law· HRH.R. 5419 (102nd)enacted
United States · United States Congress · 17 June 1992
International Dolphin Conservation Act of 1992 - Amends the Marine Mammal Protection Act of 1972 to authorize entering into international agreements establishing a global moratorium, for at least five years, prohibiting harvesting tuna using purse seine nets deployed on or to encircle dolphins or other marine mammals. Allows moratorium termination with respect to the United States before the year 2000 only if the Secretary of Commerce so recommends and the Congress approves. Specifies elements to be contained in such agreements, including requirements for: (1) research regarding tuna fishing methods; (2) review of research proposals by a competent regional organization; (3) the conduct of research by dedicated vessels, approved and observed by a component regional organization; (4) specified limits on the number of research sets and the total annual dolphin mortality; (5) establishment by the Inter-American Tropical Tuna Commission of a panel to report on limit compliance and an Advisory Board to guide research; (6) fair funding mechanisms for the research; (7) use of the proceeds from harvested tuna for the research; and (8) limiting use of U.S. funds to research on fishing methods not involving setting nets on dolphins. Requires review of all research proposals by the Marine Mammal Commission. Requires the Secretary, in certain circumstances, to recommend to the Congress whether the moratorium should be terminated. Prohibits a ban on the importation of yellowfin tuna or yellowfin tuna products from a country which implements the moratorium and meets other requirements. Mandates such a ban regarding countries which do not implement the moratorium and the other requirements. Mandates, a specified period after the tuna ban, a ban on the importation of all fish and fish products, except shrimp and shrimp products, from a country that still fails to implement all the requirements. Imposes additional restrictions on the general permit issued to the American Tunaboat Association, including: (1) limiting total dolphin mortalities; (2) prohibiting deploying purse seine nets on or encircling dolphin schools including certain types of dolphin; and (3) terminating the permit on a specified date. Declares that an international agreement under this Act shall not supersede any provisions of the Act requiring a permit. Makes unlawful certain acts, including: (1) selling, purchasing, or transporting in the United States any tuna or tuna product that is not dolphin safe; (2) purposefully setting a purse seine net on or to encircle any marine mammal; or (3) prohibiting, resisting, or interfering with inspections. Imposes civil and criminal penalties and subjects vessels, cargo, and fish to forfeiture for violations. Defines dolphin safe to mean: (1) not harvested using driftnets; and (2) depending on where harvested, either dolphin safe under specified provisions of the Dolphin Protection Consumer Information Act or certified as not harvested using purse seine nets set on or encircling dolphins. Authorizes appropriations to carry out provisions mandating inclusion in the agreements of research programs. Amends the Tuna Conventions Act of 1950 to require that, of the U.S. representatives on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission, at least one be chosen from a national conservation, environmental, or animal welfare nongovernmental organization. Requires that the members of a related advisory committee be selected, in addition to other sources, from such an organization. Amends the South Pacific Tuna Act of 1988 to authorize appropriations to carry out a specified Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America and to carry out the Act.
Bill· HRH.R. 5375 (102nd)referred
United States · United States Congress · 11 June 1992
Community Bank Burden Reduction Act of 1992 - Amends the Community Reinvestment Act of 1977 to set forth conditions under which a regulated financial institution shall not be subject to its examination requirements.
Bill· HRH.R. 5325 (102nd)referred
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
Bill· HJRESH.J.Res. 495 (102nd)referred
United States · United States Congress · 28 May 1992
Designates the week beginning November 8, 1992, as National Women Veterans Recognition Week.
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![Official portrait of Rep. Wylie, Chalmers P. [R-OH-15]](https://www.congress.gov/img/member/w000781_200.jpg)